Larceny/Theft

Larceny is the unauthorized taking of the Personal Property of another by an individual who intends to permanently deprive the owner of it. Larceny generally refers to non-violent theft.

Larceny and theft are distinct from Burglary, which is committed when a person trespasses into a dwelling or other building with the intent to commit a crime. Burglary does not necessarily consist of the taking of property, although the intent to steal can upgrade a criminal charge from trespassing to burglary. Burglary is further divided into First Degree and Second Degree.

First Degree Burglary is defined by Oklahoma law as:

21 O S §1431

Every person who breaks into and enters the dwelling house of another, in which there is at the time some human being, with intent to commit some crime therein, either:

1. By forcibly bursting or breaking the wall, or an outer door, window, or shutter of a window of such house or the lock or bolts of such door, or the fastening of such window or shutter; or

2. By breaking in any other manner, being armed with a dangerous weapon or being assisted or aided by one or more confederates then actually present; or

3. By unlocking an outer door by means of false keys or by picking the lock thereof, or by lifting a latch or opening a window, is guilty of burglary in the first degree.

Second Degree Burglary is defined by Oklahoma law as:

21 O S §1435

Every person who breaks and enters any building or any part of any building, room, booth, tent, railroad car, automobile, truck, trailer, vessel or other structure or erection, in which any property is kept, or breaks into or forcibly opens, any coin operated or vending machine or device with intent to steal any property therein or to commit any felony, is guilty of burglary in the second degree.

The Penalties for Burglary Offenses are laid out in 21 O S §1436:

Burglary is a felony punishable by imprisonment in the State Penitentiary as follows:

1. Burglary in the first degree for any term not less than seven (7) years nor more than twenty (20) years; and

2. Burglary in the second degree not exceeding seven (7) years and not less than two (2) years.

There are a variety of other theft charges under Oklahoma law, depending on the nature of the offense. There are several statutes pertaining to unauthorized credit card use or possession, theft involving trick or deception, theft involving placing items in pawn, etc. Robbery involves the threat of force or the actual use of force in connection with a theft.